Allegation of clandestine removal without corroborative evidence is unsustainable

Scan Sponge Iron Limited Vs Commissioner of Central Excise (CESTAT Kolkata) Held that allegation of clandestine removal only on the basis of incriminating statements, which were retracted, in absence of corroborative evidence is unsustainable. Facts- After conclusion of search, a notice was issued, alleging that the company has clandestinely removed finished goods being 7541.420 MTs of MS Rods and 508.900 MTs of MS Angels. The clandestine removal was alleged by relying on certain incriminating statements. Conclusion- Held that other than purported incriminating statements (which were retracted...